Negotiable Instruments Act, 1881, Section 138, 145(2), 143A -- Dishonour of cheque - Failure of accused to deposit a sum equivalent to 20% of cheque amount within a period of 60 days thereby which trial Court rejected application filed by accused u/s 145(2) of the Act - Validity of said order - Once an order is passed u/s 143-A of the Act directing payment of interim..........
Negotiable Instruments Act, 1881, Section 138, 145(2), 143A -- Dishonour of cheque - Failure of accused to deposit a sum equivalent to 20% of cheque amount within a period of 60 days thereby which trial Court rejected application filed by accused u/s 145(2) of the Act - Validity of said order - Merely because application is filed u/s 145(2) of the Act, accused would not..........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit - Since, plaint can be amended to introduce cause of action that arose during the..........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Suit for declaration and permanent injunction - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit, would not change nature of suit -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay - Even if there is delay in seeking amendment, Court has to consider certain other aspects also, viz. (1) Whether amendment sought is imperative for proper and effective adjudication of the case - Real controversy test is the basic or cardinal test in deciding whether the amendment is to be..........
Agreement to sell -- Specific performance - Delay and laches - Once suit for specific performance is filed, any delay as a result of Court process cannot be put against plaintiff as a matter of law in decreeing specific performance - However, it is within discretion of Court, regard being had to facts of each case, as to whether some additional amount ought or ought not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and injunction - Injunction sought restraining defendants from alienating, encumbering or changing nature of suit property - Will in favour of defendant alleged to be illegal, null and void - Till the time it is proved that Will in dispute is not a genuine Will, presumption was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 149 kg, Ganja from 19 packets - Representative samples not drawn from all the 19 packets - There is non-compliance of procedure of sampling provided under standing order which has statutory force and therefore, accused may not be..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plea that O.38.R.5 CPC does not empower Court to pass any order affecting rights of the parties - Plea held, not tenable - If purely on legal grounds, an application for attachment before judgment is dismissed at the inception, without issuing a notice to defendant, certainly it will be an order..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Petition falls completely short of standard set in O.38.R.5 CPC - Court not obliged to direct defendant either to furnish security or to show cause why he should not furnish security...........
